"This action makes it clear =
that=20
persistent, confirmed odor problems at Conestoga Landfill =
must be=20
stopped, and that the company needs to implement a number of =
additional measures to ensure they meet strict state =
requirements,"=20
said Rachel Diamond, the DEP=92s Southcentral Regional=20
Director.

=

Once the company=20
submits its amended application, a new round of public =
meetings will=20
be held to hear comments from the =
community.

"Residents are=20
essential to the decision-making process. What they say and =
the=20
information they provide are essential to our review of the=20
company=92s plans," Diamond said. "The DEP reserves its =
right to deny=20
the amended permit application at any time should we =
determine the=20
company cannot comply with all the applicable legal=20
requirements."

Few details about the revised =
application were=20
available, but the revised application is expected to =
further lower=20
the volume of trash to 5,200 tons per day, according to the=20
DEP.

According to=20
the consent agreement, review of the application will be =
suspended=20
if the DEP issues two odor violations in any 30-day period =
for=20
strong and persistent odors detected at a residence, church, =
school=20
or other sensitive area.

In July 2002, New Morgan =
Landfill=20
Co. submitted an application to expand the landfill by 133=20
acres.

During the summer of 2003 DEP halted the review =
of the=20
application because of the persistent odor problems. That =
suspension=20
is still in effect.

In the first consent agreement =
between=20
the DEP and the landfill in December 2003, the DEP fined the =
landfill $142,500 and suspended its application for =
expansion. The=20
landfill voluntarily reduced its daily volume from 7,500 to=20
5,500.

Since then, the landfill instituted a number =
of=20
measures to address odors, including a mobile crop-spraying =
device=20
to disperse a fog of odor-control product; the use of new =
chemical=20
odor-control agents; and the expansion and enhancement of =
landfill=20
gas collection. The landfill also established a 24-hour =
toll-free=20
phone number for complaints.

As a part of the most =
recent=20
consent agreement, the landfill will form a subcommittee of =
the=20
Conestoga Citizens Advisory Committee to provide =
recommendations on=20
minimizing and controlling odors. Conestoga agreed to have =
on staff=20
at the landfill a full-time compliance =
specialist.

Kathy=20
Brill, president of TriCounty Concerned Citizens, said she =
liked the=20
fact that the DEP will suspend the application review for 60 =
days=20
every time there=92s more than two odor violations in a =
30-day=20
period.

"They=92re finally being held accountable," =
Brill said.=20
"It=92s not just once and done; it=92s a continual =
thing."

The=20
landfill will also report monthly to DEP, Caernarvon and =
Robeson=20
townships and New Morgan borough with a summary of steps =
taken to=20
address odors.

In addition, the landfill will notify =
DEP and=20
the municipalities in writing at least 24 hours in advance =
of any=20
work on the gas collection or liner system that could result =
in the=20
release of landfill gas and hire a full-time landfill gas =
technician=20
to oversee the gas-management system.

The consent =
agreement=20
establishes a protocol and a penalty schedule for any future =
odor=20
violations.

Conestoga Landfill will pay penalties of =
$7,500=20
per day for the first six individual days that DEP documents =
the=20
presence of odors. The penalties will increase in $500 =
increments=20
per three days of continuing odors, to a maximum of $9,500 =
per day.=20